PRIA, Government Policy, Made Personal

Summary

A Regular Coast Guard captain who is not on the approved list for promotion to rear admiral (lower half) must be retired on June 30 of the promotion year when he, or any captain below him on the active-duty promotion list who still keeps his place, reaches 30 years of active commissioned service in the Coast Guard, unless he is retired earlier under another law. If an officer was moved up on the list because he was selected from below the zone or put at the top of the selectees list, that change cannot make him retire sooner than he otherwise would. When retired under this rule, the officer’s retired pay, as calculated under section 2504(a), cannot be less than 50 percent of the basic pay used to figure that retired pay.

Title 14, §2149

Coast Guard, Source: USLM XML via OLRC

(a)Each officer of the Regular Coast Guard serving in the grade of captain whose name is not carried on an approved list of officers selected for promotion to the grade of rear admiral (lower half) shall, unless retired under some other provision of law, be retired on June 30 of the promotion year in which he, or any captain junior to him on the active duty promotion list who has not lost numbers or precedence, completes thirty years of active commissioned service in the Coast Guard. An officer advanced in precedence on the active duty promotion list because of his promotion resulting from selection for promotion from below the zone, or from being placed at the top of the list of selectees promulgated by the Secretary under section 2121(a) of this title, is not subject to involuntary retirement under this section earlier than if he had not been selected from below the zone or placed at the top of the list of selectees, as applicable.

(b)Retired pay computed under section 2504(a) of this title of an officer retired under this section shall not be less than 50 percent of the basic pay upon which the computation of his retired pay is based.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2018—Pub. L. 115–282, § 112(b), renumbered section 288 of this title as this section. Subsec. (a). Pub. L. 115–282, § 309, substituted “zone, or from being placed at the top of the list of selectees promulgated by the Secretary under section 2121(a) of this title, is” for “zone is” and inserted “or placed at the top of the list of selectees, as applicable” before period at end. Subsec. (b). Pub. L. 115–282, § 123(b)(2), substituted “section 2504(a)” for “section 423(a)”. 1986—Subsec. (a). Pub. L. 99–661 substituted “rear admiral (lower half)” for “commodore”. Subsec. (b). Pub. L. 99–348 substituted “Retired pay computed under section 423(a) of this title” for “Except as provided in section 423(b) of this title, the retired pay”. 1983—Subsec. (a). Pub. L. 97–417 substituted “commodore” for “rear admiral”. 1980—Subsec. (b). Pub. L. 96–342 substituted “Except as provided in section 423(b)” for “Notwithstanding section 423”. 1976—Subsec. (a). Pub. L. 94–546 substituted “promotion year” for “fiscal year”. 1974—Subsec. (a). Pub. L. 93–283 prohibited an involuntary retirement under this section of an officer advanced in precedence on the active duty promotion list because of his promotion resulting from selection for promotion from below the zone earlier than if he had not been selected from below the zone.

Statutory Notes and Related Subsidiaries

Effective Date

of 1974 AmendmentAmendment by Pub. L. 93–283 effective Sept. 24, 1963, see section 2 of Pub. L. 93–283, set out as a note under section 2104 of this title. Retirement, Retired Pay, and Election of Annuity as Affected by Pub. L. 88–130

Savings Provision

s in section 5(f)–(h) of Pub. L. 88–130 relating to retirement, retirement pay, and election, change or revocation of election of an annuity, are set out as a note under section 2101 of this title.

§2149 Regular Captains; Retirement